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  • Commonwealth v. Atkinson

    Publication Date: 2021-02-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0187

    Compulsory joinder rule did not apply where, at the time of defendant's prosecution on a summary traffic offense that also resulted in a DUI charge, the traffic court and municipal court of Philadelphia were separate entities and the commonwealth could not have brought the traffic and DUI offenses together in municipal court. Order of the trial court affirmed.

  • Commonwealth v. Williams

    Publication Date: 2021-02-08
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0128

    The trial court erred in barring defendant from calling a witness to impeach a commonwealth witnesses' previously-admitted hearsay statement; however, the error was harmless as the evidence of defendant's guilt was overwhelming by comparison to the error such that it could not have contributed to the guilty verdict. The superior court affirmed defendant's conviction.

  • Commonwealth v. Williams

    Publication Date: 2021-02-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0127

    The appellate court vacated a trial court order denying defendant's most recent Post Conviction Relief Act petition as untimely given the recent overruling of case law supporting the presumption that publicly available information cannot predicate a timeliness exception beyond the 60-day grace period in §9545(b)(2) of the Act. The superior court vacated and remanded.

  • Fannie Mae v. Janczak

    Publication Date: 2021-02-01
    Practice Area: Creditors' and Debtors' Rights
    Industry: Federal Government
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0095

    Federal National Mortgage Association could not maintain ejectment action brought under its colloquial or fictitious name of "Fannie Mae," where its charter and the Fictitious Name Act required the agency to bring suit only under its corporate name. Order of the trial court reversed.

  • Commonwealth of Pennsylvania v. Wallace

    Publication Date: 2021-01-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0059

    The trial court did not err in allowing the commonwealth to introduce records from a co-conspirator's global positioning system monitoring device since under Pennsylvania law, GPS data automatically generated by a computer, free from interference by any person, does not constitute a "statement" for hearsay purposes. The superior court affirmed.

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  • Commonwealth v. Asher

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1437

    Pursuant to Commonwealth v. Torsilieri, defendant was entitled to a hearing on his post-trial motion challenging the application of the Sexual Offenders Registration and Notification Act registration requirements and the irrebuttable presumption of future dangerousness. The appellate court affirmed defendant's judgment of sentence, but remanded for a hearing on sentencing issues.

  • Commonwealth v. Reslink

    Publication Date: 2021-01-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1433

    Defendant was not entitled to merger of convictions for sentencing purposes where both charges had different factual predicates and therefore could not have arisen from a single criminal act. Judgment of sentence affirmed.

  • In re: C.B.

    Publication Date: 2020-11-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1268

    The juvenile court did not commit a manifest abuse of discretion in determining that the minor defendant was in need of supervision where the evidence did not overcome the presumption, arising from a felony conviction for viewing/possessing child pornography, that defendant was in need of supervision, treatment or rehabilitation. The superior court affirmed.

  • Commonwealth v. Derrickson

    Publication Date: 2020-11-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1238

    The trial court did not err in resentencing defendant, who was a juvenile when he committed second-degree murder, to a maximum sentence of life in prison since Pennsylvania precedent establishes that 18 Pa.C.S. §1102(b) must be interpreted to require a maximum sentence of life imprisonment for juveniles convicted of such an offense. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Mickley

    Publication Date: 2020-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1066

    Pursuant to Commonwealth v. Torsilieri, defendant was entitled to a hearing on his post-sentence motion for relief with the presentation of evidence regarding Pennsylvania's Sex Offender Registration and Notification Act and relevant legislative policy decisions impacting sexual offenders' constitutional rights. The superior court reversed and remanded.